---
kind: "section"
citation: "7 C.F.R. § 279.5"
title: "7"
number: "279.5"
heading: "Determination of the designated reviewer."
url: "https://uscodex.org/cfr/7/279.5"
---

# §279.5. Determination of the designated reviewer.

- (a) **Basis for designated reviewer determination.** The designated reviewer shall make a determination based upon:
  - (1) The information submitted by the appropriate FNS office;
  - (2) Information submitted by the firm in support of its position; and
  - (3) Any additional information, in writing, obtained by the designated reviewer from any other person having relevant information.
- (b) **Review of denial or withdrawal of authorization.** When the action under review is the denial of an application for authorization or the withdrawal of an existing authorization, the designated reviewer shall sustain the action under review; sustain the action under review, but specify a shorter period of time the action will remain in effect; or direct that the action under review be reversed.
- (c) **Review of disqualification or civil money penalty or fine.** When the action under review is disqualifying a firm from program participation or assessing a civil money penalty or fine against a firm, the designated reviewer shall: Sustain the action under review; specify a shorter period of disqualification; specify a reduced money penalty or fine; direct that an official warning letter be issued to the firm in lieu of a disqualification, civil money penalty or fine; or, direct that the action under review be reversed. The designated reviewer may change a disqualification of a firm to a civil money penalty if the disqualification would cause a hardship to participating households (except in the case of a permanent disqualification). The designated reviewer, working with the appropriate FNS office, shall determine if circumstances warrant a civil money penalty in accordance with [§ 278.6](/cfr/7/278.6.md) of this chapter.
- (d) **Review of denial of claim.** In the case of a request for review of a denial of all or part of a claim of a firm, the determination of the designated reviewer shall sustain the action under review or shall specify the amount of the claim to be paid by FNS.
- (e) **Determination notifications.** FNS shall notify the firm of the determination. Such notification will be sent to the representative of the firm who filed the request for review.
- (f) **Effective date.** The determination of the designated reviewer shall take effect 30 days after the date of delivery of the determination to the firm.

## Notes

### Amendments

[Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 334, 57 FR 3913, Feb. 3, 1992; Amdt. 356, 59 FR 29714, June 9, 1994. Redesignated and amended at 68 FR 41053, July 10, 2003]

### Authority

Authority: 7 U.S.C. 2011-2036.

### Source

Source: Amdt. 136, 43 FR 43279, Sept. 22, 1978, unless otherwise noted.

### Amendments

[Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 334, 57 FR 3913, Feb. 3, 1992; Amdt. 356, 59 FR 29714, June 9, 1994. Redesignated and amended at 68 FR 41053, July 10, 2003]